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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1978 Page 8 of about 76 results (0.076 seconds)

Feb 21 1978 (SC)

Madan Mohan Pathak and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Feb-21-1978

Reported in : AIR1978SC803; 1978LabIC612; (1978)ILLJ406SC; (1978)2SCC50; [1978]3SCR334

order44. we agree with the conclusion of brother bhagwati but prefer to rest our decision on the ground that the impugned act violates the provisions of article 31(2) and is, therefore, void. we consider it unnecessary to express any opinion on the effect of the judgment of the calcutta high court in w.p. no. 371 of 1976.

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Aug 01 1978 (SC)

Badri Prasad Vs. Dy. Director of Consolidation and ors.

Court : Supreme Court of India

Decided on : Aug-01-1978

Reported in : AIR1978SC1557; (1978)3SCC527; [1979]1SCR1; 1978(10)LC545(SC)

orderkrishna iyer, j.1. for around 50 years, a man and a woman, as the facts in this case unfold, lived as husband and wife. an adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the high court. a strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. law leans in favour of legitimacy and frowns upon bastardy. in this view, the contention of shri garg, for the petitioner, that long after the alleged marriage, evidence has not been produced to sustain its ceremonial process by examining the priest or other witnesses, deserves no consideration. if man and woman who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they were validly married, few will succeed. the contention deserves to be negatived and we do so without hesitation. the special leave petitions are dismissed.

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May 02 1978 (SC)

Mohan Lal and anr. Vs. Ajit Singh and anr.

Court : Supreme Court of India

Decided on : May-02-1978

Reported in : AIR1978SC1183; 1978CriLJ1107; (1978)3SCC279; [1978]3SCR823

1. this appeal by special leave is directed against die judgment of the punjab and haryana high court dated july 9,1975, giving benefit of doubt to respondent ajit singh (hereinafter referred to as the respondent) and acquitting him of offences under sections 302, 392 and 397 i.p.c. for which he was convicted by the additional sessions judge of faridkot on october 31, 1974. the additional sessions judge had sentenced the respondent to death for the offence under section 302 i.p.c. and to rigorous imprisonment for five years and seven years respectively for the offences under sections 392 and 397 i.p.c.2. nishan chand (deceased); son of appellant mohair lal (p. w. 5), was a resident of roranwali. he was secretary of roranwali and phulu khera co-operative societies. the respondent was nishan chand's friend and was secretary of roranwali patti sikhan cp-operative society. he also used to live in village roranwali with his maternal-uncle gurdial singh who was the village chairman.3. it is alleged that nishan chand and the respondent left together on june 17, 1974, for villages lambi and malout on nishan chand's bicycle, as they had to deposit the money realised by them. they did not however return to roranwali that night. mohan lai's other son satpal, who was studying in class viii in a school at sikhanwala, saw nishan chand's bicycle lying at some distance from the boundary of village roranwali, near a culvert, on the 'pakka' road leading to sikhanwala, and he also saw a man .....

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Mar 20 1978 (SC)

Patel Narsi Ladhu Vs. Bhatt Chimanlal Ratanji and ors.

Court : Supreme Court of India

Decided on : Mar-20-1978

Reported in : 1980Supp(1)SCC770

v.r. krishna iyer, j. 1. these appeals can be disposed of by a common order which we propose to pass in civil appeal no. 707/75, a principal appeal in which the matter has been fully discussed by the high court.2. we need not set out the facts elaborately not need we discuss she issues at length since we are disposed to agree with the high court on all the findings it has recorded and our final order deals really with the absence of a finding of the high court on a certain aspect of the case.3. the haveli mandir, limbdi, was the owner of lands which are the subject matter of the present proceedings. the said lands were owned in barkhali right by the mandir; that these were owned by the mandir and not by the private individual who laid claims to them, was established by the adjudication of the charity. commissioner in this behalf, however, possession of the lands had been transferred under sale deed executed by one of the three brothers who claimed private ownership of the lands in question, namely, bhalchandra. the charity commissioner directed the trustees appointed under the boat bay public trust act, 1950 to bring a suit and recover possession of the trust property in the hands of the alieness who happened to be the defendants appellant. the defendants appellants raised various questions including adverse possession by their predeessor, bhalchandra, they also raised a question that under the saurashtra barkhali abolition act, 1951, occupancy certificate had been issued to .....

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Oct 04 1978 (SC)

Atlas Cycle Industries Ltd. and ors. Vs. the State of Haryana

Court : Supreme Court of India

Decided on : Oct-04-1978

Reported in : AIR1979SC1149a; 1979CriLJ927a; (1979)2SCC196a; [1979]1SCR1070

jaswant singh, j.1. during the course of on spot check carried out by him on december 29, 1964 of b.p. sheets lying in appellant no. i's factory at sonepat, the development officer (lme-1) of the directorate general of technical development, new delhi, discovered from an examination of the said appellant's account books that it had during the period intervening between january 1, 1964 and january 12, 1965, acquired black plain iron sheets of prime quality weighing 60.03 metric tons from various parties at a rate higher than the maximum statutory price fixed for such sheets by the iron and steel controller (hereinafter referred to as 'the controller') in exercise of the powers vested in him under clause 15(1) of the iron and steel (control) order, 1956 (hereinafter referred to as 'the control order. after the special magistrate had framed the charges and secured in the court of the special magistrate, ambala cantt. for an offence under section 120b of the indian penal code read with section 7 of the essential commodities act, 1955 (act no. 10 of 1955) (hereinafter referred to as 'the act') as also for an offence under section 7 of the act read with clause 15(3) of the control order. after the special magistrate had framed the charges and examined sixteen prosecution witnesses, the appellants made an application before him on february 12, 1970 under section 251a(11) and 288(1) of the crpc, 1898 praying that in view of the submissions made therein, the case against them be not .....

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Jul 24 1978 (SC)

Dharmaposhanam Company, Kerala Vs. the Commissioner of Income Tax, Ker ...

Court : Supreme Court of India

Decided on : Jul-24-1978

Reported in : [1978]114ITR463(SC); (1978)3SCC414; [1978]3SCR1030

1. these appeals have been preferred by the assessee against the judgment of the high court of kerala in references disposed of by it under section 256 of the act.2. the appellant is the dharmaposhanam company irinjalakuda. it is an association constituted under a licence issued in january, 1931 by the then government of cochin and registered with limited liability under section 26(1) of the indian companies act 1913 as applied to cochin. the appellant was governed by a memorandum of association, clause (3) of which provided :3. the objects of the company are :(a) to raise funds by conducting kuries with company as foreman, receiving donations and subscription, by lending money on interest and by such other means as the company deem fit.(b) to do the needful for the promotion of charity, education, industries etc. and public good.(c) for carrying on the business of the company and for the advancement of the purpose mentioned above in so far as is appropriate, to construct buildings or to purchase or take on lease or for hire movable or immovable properties.(d) to encourage others to form other institution with the purpose of acting in accordance with the objects of the company.(e) to do all such things as are conducive to the fulfilment of the above objects.(f) to lend money on interest to one or more solvent persons individually or severally on the security of ornaments, landed properties or other forms of security fixed by the directors and to borrow money to meet the need .....

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